Introduction
As technology continues to evolve, our reliance on it has only become more apparent. A clear example of this would be the current COVID 19 pandemic, which caused courts to find a new way in which to continue proceedings. Thus, the use of remote hearings. Remote hearings have now become common practice within the UK and some believe that the courts will be using this method for the foreseeable future, as restrictions are in place and social distancing regulations are enforced and do not seem to be lifted any time soon.
Though a temporary solution to the current problem, caused by the pandemic. It can be viewed as both advantageous and problematic for many reasons.
Problems relating to remote hearings
For this method of practice to be successful, a tremendous preparation and communication between the parties in question must be done before the court. In addition to this, everything during the court case must run smoothly. The technology does not always work and it is very tiring to stare at other parties on a screen whilst concentrating on evidence for days at a time. Court cases are daunting enough without this technology to deal with. Witnesses lose focus. The margin of error can be significantly larger because every nuance of expressions and movements is picked up.
Technology can and will fail. Mobile networks and Wi-Fi can stop working in the middle of a trial as well as hardware issues which were not an issue when checked previously. Lastly, it can be hard to find a place which is suitable for a remote hearing, as it needs to be a place that is free of distractions as well as being secluded. A place like this is needed, as important and confidential information will be presented throughout the court hearing and as such must not be visible or audible for those not involved.
Advantages of remote hearings
On the one hand whilst there are many problems with remote hearings, there are huge positives. These hearings are preventing/minimising the chances of becoming ill due to the pandemic. The environment in a court can be stressful for those involved (more so in this current pandemic). As such, it could good for their mental health/wellbeing for them to be in a place in which is more comfortable and familiar to them. Reducing the stress and the cost of travel is a huge advantage not only for witnesses and advocates but for the environment. Advocates are able to attend two hearings per day and some of the court case backlog has been reduced.
In addition to this, using remote hearing have been very beneficial for areas in law such as Dispute and Resolution Arbitration. This is because it is very often for cases to be solved in preliminary hearings and the case itself does not require as many people involved, as a criminal or family hearing. Furthermore, commercial law hearing such are favoured over face to face, as the parties in question can adjust their schedules better. Thus, cases can be gone through faster, as there is no travelling, and such is easier to plan. Lastly, in cases where it is unadvised for the parties to be in the same room (due to it being unsafe for one of the parties or that it is unnecessary for them to be present), remote hearings would be the best way, as it will allow for courts and all parties in question the safest and more efficient way of getting through cases.
Hybrid hearings where some of the parties and the Judge attend court and some attend remotely have addressed issues of fairness and have worked very well in general.
Conclusion
Although, there are many different views on this topic (both negative and positive). It is likely that remote hearings may be common in the future once the technology is improved.
HOW CAN WE HELP YOU
Our family law team has over 35 years of successful experience dealing with such issues. Mr Avadis has attended as many as 5 remote and hybrid hearings per week since lockdown commenced. Together with the rest of our team, he is ideally placed to advise you about what will happen if there is a remote hearing in your case and ensure you experience the same with the minimum of stress.
We can offer an initial fixed fee consultation for £360 ( based upon an hourly rate of £300.00+ vat per hr) to review your case and advise you as to the available remedies. Contact Lewis Nedas law on 02073872032 or use our online enquiry form.
